Leading Cases and Materials on the Law of the European - download pdf or read online

By D. J. Gijlstra

ISBN-10: 1489960929

ISBN-13: 9781489960924

ISBN-10: 9026808062

ISBN-13: 9789026808067

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Additional info for Leading Cases and Materials on the Law of the European Communities

Example text

Power s 0 f a t t rib u t i 0 n I. Introduction The powers by which the Council and Commission of the EC are enabled to legally bind the subjects of the Communities are not of a general nature : such powers are particularly attributed to or conferred upon the institutions in the various fields of application designated by the Treaties. 2. Literature - Lauwaars, "Lawfulness and legal Force of Community Decisions" Leyden 1973, pp. 56 - 59. B. I. Add i t ion alP 0 we r s Introduction In order to achieve the objectives of the Communities, the Council and Commission have been granted particular powers in many fields (supra A).

It is on the basis of proposals by the Commission, and not other texts, that the Council must deliberate: this role entrusted to the commission by the treaties is not only the guarantee of the Community character of the decisions to be taken, it is also the guarantee for the small Member States of the Community that their interests are fully taken into consideration. Let us remark in finishing that anything which increases the authority and the sphere of competence of the Commission by the mere fact increases the control of Parliament, which operates in a more efficacious manner on the Commission than on the Council.

The application of the new procedure for the 1972 and 1973 budgetary years was a success, although its importance is still limited. In 1973 the Commission put forward new proposals for Treaty amendments to increase the Parliament's budgetary powers further. 10) E. The C 0 u r t 0 f Jus t i c e By reason of the substantial powers of direct enforcement vested in the High Authority for the operation of the common market for coal and steel, the ECSC Court of Justice was mainly called upon to handle appeals to it by coal and steel enterprises.

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Leading Cases and Materials on the Law of the European Communities by D. J. Gijlstra


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